MCRCA/1614/2026 of KAMLESH KUMAR SIDAR Vs THE STATE OF CHHATTISGARH on 29 September 2026

1. Applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No. 175 of 2026 registered at Police Station- Bilaigarh, District – Sarangarh – Bilaigarh (CG) for the offence punishable under Sections 318 (3), 318 (4), 319, 336 (3), 338, 339, 340, 61 (2) of BNS, 2023.

2. Case of the prosecution, in brief, is that the complainant lodged written report in the concerned police station alleging that the complainant is in the possession of the land bearing Khasra No. 9, area 0.924 hectares, Village – Purgaon. The applicant along with other co-accused persons have prepared affidavit with forged signatures of the complainant, submitted said affidavit in Revenue Court and got the land mutated in the name of Nilansh Jaiswal without affording the complainant an opportunity of hearing. It is alleged that the applicant being the Tehsildar passed the order for illegal mutation of the aforementioned land. Based on the report, aforementioned offences were registered against which, the applicant is apprehending his arrest.

3. Learned counsel for applicant would submit that applicant is innocent, he has been falsely implicated in crime. He has not committed any offence as alleged. He contended that applicant is working as Tehsildar and while discharging his duties as Presiding Officerf of the Revenue Court has considered the application submitted for deletion of the name of the complainants Rameshwar and Smt. Rajkumari. The said application was supported with an affidavit mentioning that the application is filed due to mutual partition taking place between the parties. After receiving the application, the case was registered, after following due procedure, issuing proclamation, the order of mutation was passed. He submits that the said order was passed in the capacity of Judge of a Revenue Court and hence, the act of the applicant is protected under the Judges (Protection) Act, 1985. Applicant is a Tehsildar and there is no likelihood of his absconding. He will participate in the investigation, there is no criminal antecedent against the applicant. Hence, he may be enlarged on bail.

4. On the other hand, learned counsel for State opposes the submission of learned counsel for the applicant and would submit that according to the complaint made, the procedure has not been followed. When the application was submitted, without recording the evidence of the complainant, the order has been passed.

5. At this stage, learned counsel for the applicant submits that one of the co-accused person I..e Gangaram Nirala who is an Advocate (Notary) has been enlarged on anticipatory bail.

6. I have heard learned counsel for the parties and perused the documents placed on record.

7. Taking into consideration the facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, there is no other criminal antecedent against the applicant, he is posted as Tehsildar, without commenting anything on merits of the case, I am inclined to grant anticipatory bail to the applicant.

8. Accordingly, the application is allowed and it is directed that in the event of arrest of applicant in connection with the crime in question, he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned arresting officer. Applicant shall also abide by the following conditions :-

(i) that the applicant shall make himself available for interrogation before the Investigating Officer as and when required;

(ii) the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; Certified copy as per rules. Sd/----/-/-/-/---/-/- Sd/- Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY